Tomasak v. Boro. of Courtdale

Opinion by

Trexler, P. J.,

The defendant, the Borough of Courtdale, made some improvements in the highway. Mike Tomasak, aged thirteen years and nine months, picked up a dynamite cap in the immediate vicinity and proceeded to pound it with a stone; the cap exploded and inflicted upon him injuries which resulted in the serious impairment of the sight of one eye. The suit is brought by his parents on his behalf and in their own "right.

At the trial, after the plaintiffs had presented their case, the defendant moved for a non suit, alleging that the proofs did not agree with the pleadings.…